{"data":{"id":"us-ky/krs-423.355","jurisdiction":"us-ky","citation":"KRS 423.355","heading":"Online notary public -- Electronic notarization -- Refusal to perform","body":"notarial act -- Use of communication technology -- Registration --\nAdministrative regulations -- Application of state law.\n(1) An online notary public:\n(a) Shall be commissio ned as a notary public pursuant to KRS 423.300 to\n423.455 and has the powers and duties of a traditional notary public as\nprovided by KRS 423.300 to 423.455;\n(b) May perform notarial acts as provided by KRS 423.300 to 423.455 in addition\nto performing electronic notarizations; and\n(c) May, upon registration with the Secretary of State as an online notary public\npursuant to KRS 423.390, perform electronic notarizations authorized under\nthis section.\n(2) An online notary public may perform an electronic notar ization provided the online\nnotary public is physically located in this state while performing the notarial act and\nif:\n(a) The online notary public has:\n1. Personal knowledge of the identity of the individual pursuant to KRS\n423.325; or\n2. Satisfactory evidence of the identity of the individual pursuant to KRS\n423.325(3); and\n(b) At the time of electronic notarization:\n1. The individual appearing before the online notary public is located\nwithin this state, or elsewhere within the geographic boundaries of a\nstate of the United States; or\n2. The individual is located outside the United States and:\na. The individual confirms to the online notary public that the record\nis to be filed with or relates to a matter before a court,\ngovernmental entity, public offic ial, or other entity located in the\nterritorial jurisdiction of the United States, or relates to property\nlocated in the United States, or relates to a transaction substantially\nconnected to the United States; and\nb. To the online notary publ ic's actual knowledge, the act of making\nthe statement or signing the record is not prohibited by the\njurisdiction in which the individual is located.\n(3) In addition to the authority of a notary public to refuse to perform a notarial act\npursuant to KRS 423.330, a notary public may refuse to perform a notarial act under\nthis section if the notary public is not satisfied that a notarial act performed would\nconform with subsection (2)(b)2. of this section.\n(4) If a notarial act involves a statement made in o r a signature executed on an\nelectronic record by an individual by means of communication technology, the\ncertificate of notarial act required by KRS 423.360 shall indicate that the individual\nmaking the statement or signing the record appeared before the online notary public\nby means of communication technology.\n(5) For each electronic notarization, the online notary public shall:\n(a) Include, in addition to the journal entries required under KRS 423.380, an\nindication of whether an individual making a sta tement or executing a\nsignature which is the subject of the notarial act appeared before the online\nnotary public in the notary's physical presence or by means of communication\ntechnology;\n(b) Create a complete recording of the conference session containin g the audio -\nvideo communication between the online notary public and individual\nappearing before the online notary public, in accordance with the standards\nadopted under subsection (7) of this section and KRS 423.415; and\n(c) Maintain the recording describ ed by paragraph (b) of this subsection for at\nleast ten (10) years after the date of the applicable transaction or proceeding or\nfor the period of retention of a notary public's journal pursuant to KRS\n423.380, whichever is longer.\n(6) Before an online not ary public performs any electronic notarizations under this\nsection, the online notary public shall register with the Secretary of State pursuant to\nKRS 423.390.\n(7) The Secretary of State may promulgate administrative regulations regarding the\nperformance of electronic notarizations. The administrative regulations may:\n(a) Prescribe the means of performing a notarial act involving communication\ntechnology;\n(b) Establish standards for communication technology and the process of\ncredential analysis and identity proofing;\n(c) Establish procedures for the requirements of providers of communication\ntechnology; and\n(d) Establish standards and requirements for the retention of a video and audio\ncopy of the performance of a notarial act.\n(8) Regardless of the physi cal location of the individual at the time of the notarial act,\nthe validity of an electronic notarization performed by an online notary public\ncommissioned in this state shall be determined by applying the laws of this state.\n(9) An online notary public shall take reasonable steps to ensure that:\n(a) Any registered device or credential used to create an electronic signature is\ncurrent and has not been revoked or terminated by the device's or credential's\nissuing or registering authority;\n(b) The audio -video communication used in an electronic notarization is secure\nfrom unauthorized interception or use;\n(c) A backup exists for all information pertaining to an electronic notarization\nrequired to be kept by administrative regulations promulgated pursuant to\nsubsection (7) of this section and KRS 423.415; and\n(d) The backup described by paragraph (c) of this subsection is secure from\nunauthorized use.","path":["KRS Chapter 423"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49500","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:41Z","sha256":"bce028a3ecfb85596f8dfe04a795b3ea7518f53c595c238999c9885f298b1e05","source_id":"us-ky","stale":false,"prev":"us-ky/krs-423.350","next":"us-ky/krs-423.360"},"notice":"GroundRules: Original legal text. Not legal advice."}